Sadly, mistakes in a legal malpractice case seem to appear larger than in other areas of litigation.  “The cobbler’s child is shoeless” is an older variant of the same issue.  In Brown v Sanders
2016 NY Slip Op 05967 Decided on September 14, 2016 Appellate Division, Second Department we see a legal malpractice that was not served on the defendants.  No service…no case.

“In an action, inter alia, to recover damages for conversion and legal malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Velasquez, J.), dated March 28, 2014, as granted that branch of the motion of the defendants Brauner Baron Rosenweig and Klein and David Brauner which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against them for lack of personal jurisdiction and denied her cross motion pursuant to CPLR 306-b to extend the time to serve the summons and complaint on those defendants.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff’s contention, the Supreme Court did not acquire personal jurisdiction over the defendants Brauner Baron Rosenweig and Klein and David Brauner (hereinafter together the Brauner defendants) when they first appeared by pre-answer motion in this action approximately one year after the action was commenced, since an objection to personal jurisdiction pursuant to CPLR 3211(a)(8) was asserted in their motion (see CPLR 320[b]; 3211[e]; Skyline Agency v Coppotelli, Inc., 117 AD2d 135, 140; cf. Countrywide Home Loans Servicing, LP v Albert, 78 AD3d 983, 984). Furthermore, the court properly granted that branch of the Brauner defendants’ motion which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against them for lack of personal jurisdiction, since it is undisputed that service upon the Brauner defendants was not made within 120 days after the filing of the summons and complaint (see CPLR 306-b).”